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(영문) 의정부지방법원 2016.09.09 2016고단2944
외국환거래법위반등
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who has illegally stayed of nationality in Bangladesh who entered the Republic of Korea on October 26, 2004.

(a) Any person who intends to engage in foreign exchange business in violation of the Foreign Exchange Transactions Act shall prepare sufficient capital, facilities and professional human resources and register in advance with the Minister of Strategy and Finance;

Nevertheless, on May 11, 2015, the Defendant: (a) transferred KRW 6,00,000 to the national bank account in the name of the Republic of Korea (E) from D who wished to transfer money in Bangladesh on May 11, 2015 without the above registration; and (b) contacted the account designated by D with the non-offenders in Bangladesh to pay the money equivalent to the said money to another currency, and (c) received KRW 7,00 per US dollars from the said fee, and (d) from that time to March 21, 2016, the Defendant carried out a non-registered foreign exchange business in total amount of KRW 2,55,698,789, total sum of 982, as shown in the list of crimes in the attached Table.

B. On May 11, 2015, the Defendant, in violation of the Electronic Financial Transactions Act, asked B to open a bank account with a view to using the aforesaid unregistered foreign exchange business, and transferred its access media. On May 11, 2015, the Defendant acquired the passbook, check, and password from B at the point of a national bank located in the Nowon-gu, Nowon-gu, Seoul Special Metropolitan City National Bank.

2. B The Defendant transferred the passbook, physical card, and password to A of the above national bank account at the time and place specified in paragraph 1-b.

Summary of Evidence

1. Defendants’ respective legal statements

1. Entry of each statement in each suspect examination protocol (No. 12 through 27 of the list of evidence);

1. Application of each Act or subordinate statute of each crime sight table, the response of a financial institution (the details of account transactions, etc.);

1. Article 27(1)5 of the Foreign Exchange Transactions Act and the main sentence of Article 8(1)1 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016); Articles 49(4)1 and 6 of the former Electronic Financial Transactions Act (amended by Act No. 13929, Jan. 27, 2016).

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